electric consumer right to know (e-know) amendment

7/27/2019 Electric Consumer Right to Know (e-KNOW) Amendment

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CEL13A87 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: To enhance consumer access to electricity informa-tion and allow for the adoption of innovative productsand services to help consumers manage their energy

usage.

IN THE SENATE OF THE UNITED STATES113th Cong., 1st Sess.

S. 1392

To promote energy savings in residential buildings andindustry, and for other purposes.

Referred to the Committee on llllllllllandordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT intended to be proposed by Mr. UDALL ofColorado (for himself and Mr. MARKEY)

Viz:

Beginning on page 47, strike line 17 and all that fol-1

lows through page 48, line 2, and insert the following:2

SEC. 4lll. CONSUMER ACCESS TO ELECTRIC ENERGY IN-3

FORMATION.4

(a) IN GENERAL.The Secretary shall encourage5

and support the adoption of policies that allow electricity6

consumers access to their own electricity data.7

(b) ELIGIBILITY FOR STATE ENERGY PLANS.Sec-8

tion 362(d) of the Energy Policy and Conservation Act9

(42 U.S.C. 6322(d)) is amended10


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(1) in paragraph (16), by striking and after1

the semicolon at the end;2

(2) by redesignating paragraph (17) as para-3

graph (18); and4

(3) by inserting after paragraph (16) the fol-5

lowing:6

(17) programs7

(A) to enhance consumer access to and8

understanding of energy usage and price infor-9

mation, including consumers own residential10

and commercial electricity information; and11

(B) to allow for the development and12

adoption of innovative products and services to13

assist consumers in managing energy consump-14

tion and expenditures; and.15

(c) VOLUNTARY GUIDELINES FOR ELECTRIC CON-16

SUMERACCESS.17

(1) DEFINITIONS.In this subsection:18

(A) RETAIL ELECTRIC ENERGY INFORMA-19

TION.The term retail electric energy infor-20

mation means21

(i) the electric energy consumption of22

an electric consumer over a defined time23

period;24


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CEL13A87 S.L.C.

(ii) the retail electric energy prices or1

rates applied to the electricity usage for2

the defined time period described in clause3

(i) for the electric consumer;4

(iii) the estimated cost of service by5

the consumer, including (if smart meter6

usage information is available) the esti-7

mated cost of service since the last billing8

cycle of the consumer; and9

(iv) in the case of nonresidential elec-10

tric meters, any other electrical informa-11

tion that the meter is programmed to12

record (such as demand measured in kilo-13

watts, voltage, frequency, current, and14

power factor).15

(B) SMART METER.The term smart16

meter means the device used by an electric17

utility that18

(i)(I) measures electric energy con-19

sumption by an electric consumer at the20

home or facility of the electric consumer in21

intervals of 1 hour or less; and22

(II) is capable of sending electric en-23

ergy usage information through a commu-24

nications network to the electric utility; or25


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CEL13A87 S.L.C.

(ii) meets the guidelines issued under1

paragraph (2).2

(2) VOLUNTARY GUIDELINES FOR ELECTRIC3

CONSUMER ACCESS.4

(A) IN GENERAL.Not later than 1805

days after the date of enactment of this Act,6

subject to subparagraph (B), the Secretary7

shall issue voluntary guidelines that establish8

model standards for implementation of retail9

electric energy information access in States.10

(B) CONSULTATION.Before issuing the11

voluntary guidelines, the Secretary shall12

(i) consult with13

(I) State and local regulatory au-14

thorities, including the National Asso-15

ciation of Regulatory Utility Commis-16

sioners;17

(II) other appropriate Federal18

agencies, including the National Insti-19

tute of Standards and Technology;20

(III) consumer and privacy advo-21

cacy groups;22

(IV) utilities;23

(V) the National Association of24

State Energy Officials; and25


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CEL13A87 S.L.C.

(VI) other appropriate entities,1

including groups representing com-2

mercial and residential building own-3

ers and groups that represent demand4

response and electricity data devices5

and services; and6

(ii) provide notice and opportunity for7

comment.8

(C) STATE AND LOCAL REGULATORY AC-9

TION.In issuing the voluntary guidelines, the10

Secretary shall, to the maximum extent prac-11

ticable, be guided by actions taken by State and12

local regulatory authorities to ensure electric13

consumer access to retail electric energy infor-14

mation, including actions taken after consider-15

ation of the standard established under section16

111(d)(17) of the Public Utility Regulatory17

Policies Act of 1978 (16 U.S.C. 2621(d)(17)).18

(D) CONTENTS.19

(i) IN GENERAL.The voluntary20

guidelines shall provide guidance on issues21

necessary to carry out this subsection, in-22

cluding23

(I) the timeliness and specificity24

of retail electric energy information;25


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(II) appropriate nationally recog-1

nized open standards for data;2

(III) the protection of data secu-3

rity and electric consumer privacy, in-4

cluding consumer consent require-5

ments; and6

(IV) issues relating to access of7

electric energy information for owners8

and managers of multitenant commer-9

cial and residential buildings.10

(ii) INCLUSIONS.The voluntary11

guidelines shall include guidance that12

(I) retail electric energy informa-13

tion should be made available to elec-14

tric consumers (and third party des-15

ignees of the electric consumers) in16

the United States17

(aa) in an electronic ma-18

chine readable form, without ad-19

ditional charge, in conformity20

with nationally recognized open21

standards developed by a nation-22

ally recognized standards organi-23

zation;24


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(bb) as timely as is reason-1

ably practicable;2

(cc) at the level of specificity3

that the data is transmitted by4

the meter or as is reasonably5

practicable; and6

(dd) in a manner that pro-7

vides adequate protections for the8

security of the information and9

the privacy of the electric con-10

sumer;11

(II) in the case of an electric con-12

sumer that is served by a smart meter13

that can also communicate energy14

usage information to a device or net-15

work of an electric consumer or a de-16

vice or network of a third party au-17

thorized by the consumer, the feasi-18

bility should be considered of pro-19

viding to the consumer or third party20

designee, at a minimum, access to21

usage information (not including price22

information) of the consumer directly23

from the smart meter;24


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(III) retail electric energy infor-1

mation should be provided by the elec-2

tric utility of the consumer or such3

other entity as may be designated by4

the applicable electric retail regulatory5

authority;6

(IV) retail electric energy infor-7

mation of the consumer should be8

made available to the consumer9

through a website or other electronic10

access authorized by the electric con-11

sumer, for a period of at least 1312

months after the date on which the13

usage occurred;14

(V) consumer access to data, in-15

cluding data provided to owners and16

managers of commercial and multi-17

family buildings with multiple tenants,18

should not interfere with or com-19

promise the integrity, security, or pri-20

vacy of the operations of a utility and21

the electric consumer;22

(VI) electric energy information23

relating to usage information gen-24

erated by devices in or on the prop-25


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CEL13A87 S.L.C.

erty of the consumer that is trans-1

mitted to the electric utility should be2

made available to the electric con-3

sumer or the third party agent des-4

ignated by the electric consumer; and5

(VII) the same privacy and secu-6

rity requirements applicable to the7

contracting utility should apply to8

third party agents contracting with a9

utility to process the customer data of10

that utility.11

(E) REVISIONS.The Secretary shall peri-12

odically review and, as necessary, revise the vol-13

untary guidelines to reflect changes in tech-14

nology, privacy needs, and the market for elec-15

tric energy and services.16

(d) VERIFICATION AND IMPLEMENTATION.17

(1) IN GENERAL.A State may submit to the18

Secretary a description of the data sharing policies19

of the State relating to consumer access to electric20

energy information for certification by the Secretary21

that the policies meet the voluntary guidelines issued22

under subsection (c)(2).23

(2) ASSISTANCE.Subject to the availability of24

funds under paragraph (3), the Secretary shall make25


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Federal amounts available to any State that has1

data sharing policies described in paragraph (1) that2

the Secretary certifies meets the voluntary guidelines3

issued under subsection (c)(2) to assist the State in4

implementing section 362(d)(17) of the Energy Pol-5

icy and Conservation Act (42 U.S.C. 6322(d)(17)).6

(3) AUTHORIZATION OF APPROPRIATIONS.7

There is authorized to be appropriated to carry out8

this subsection $5,000,000 for fiscal year 2015, to9

remain available until expended.10

SEC. 4lllll. OFFSET.11

Section 422(f) of the Energy Independence and Secu-12

rity Act of 2007 (42 U.S.C. 17082(f)) is amended13

(1) in paragraph (3), by striking and after14

the semicolon at the end; and15

(2) by striking paragraph (4) and inserting the16

following:17

(4) $200,000,000 for each of fiscal years 201318

and 2014;19

(5) $145,000,000 for fiscal year 2015; and20

(6) $100,000,000 for each of fiscal years 201621

through 2018..22

electric consumer right to know (e-know) amendment

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